McAndrews, Held & Malloy

			Back to Profiles
	Timothy J. Malloy Shareholder Email. tmalloy@mcandrews-ip.com Tel. (312) 775-8000 Practice Areas Trial Lawyer for Technology Litigation in Intellectual Property, Patents, Contracts, and Antitrust. Education University of Notre Dame, B.S.E.E. University of Notre Dame, J.D. Bar Admissions Admitted to practice in Illinois. Member of the bars of the U.S. District Court for the Northern District of Illinois, U.S. District Court for the Eastern District of Wisconsin, U.S. District Court for the Western District of Michigan, United States Supreme Court, United States Court of Appeals for the First, Seventh, Eighth, Ninth, and Federal Circuits. Registered to practice before the U.S. Patent and Trademark Office. Professional Experience Mr. Malloy, a founding partner of the firm, is highly experienced and nationally recognized in the litigation of intellectual property matters. Since being admitted to practice, Mr. Malloy has specialized in litigation of high technology matters, primarily in the electrical, mechanical, and medical device fields. His practice focuses on litigation regarding patent, trademark, antitrust, unfair competition, contract, and other intellectual property law matters in state and federal courts through the United States. He has been lead trial counsel in numerous jury trials as well as bench trials held in District Courts throughout the country. He has been lead trial counsel in numerous arbitrations and has conducted a variety of mediations across the U.S. He briefed and argued before the U.S. Supreme Court on behalf of Eli Lilly and Company the leading case directed to the scope of patent protection for medical devices. His arbitration victory of $166 million on behalf of Guidant Corp. was confirmed by the Northern District of California on May 23, 2002 (Civil Action 99-05393). Litigation Technologies: As examples of his reported work, he has litigated cases on behalf of The Laitram Corporation against IBM involving control and processing circuitry for a high-speed LED printer; on behalf of Ford Motor Company involving an electronic control for an intermittent windshield wiper; on behalf of The Goodyear Tire & Rubber Company involving feedback control systems for aircraft antiskid brake control; on behalf of Cardiac Pacemakers, Inc. involving various electronic and mechanical patents for pacemakers and defibrillators; on behalf of General Foods Corporation involving air cushion bulkheads for railway cars; on behalf of Baxter Corporation involving dialysis controls; on behalf of Advanced Cardivascular Systems, Inc. involving balloon angioplasty and stents; and on behalf of Stryker involving surgical instruments and arthroscopy. Verdicts, Awards and Settlements: As a litigation specialist, he has obtained numerous multi-million dollar verdicts, awards and settlements as lead trial counsel ($166,000,000; $100,000,000; $10,000,000; $9,500,000; $5,000,000; $4,000,000; $2,000,000). He represents defendants as well. In doing so, he has obtained numerous jury verdicts and bench decisions of no liability, invalidity, noninfringement, and unenforceability, and damages determinations of a small fraction of the amounts sought by his opponents (e.g., reasonable royalties of 0.9%; 0.45%; 0.0%). Milestone Cases: Obtained a $166 million damage award (Advanced Cardiovascular Systems, Inc. vs. Medtronic) listed in the TOP TEN IP DAMAGE AWARDS FOR ALL TIME (Intellectual Property Today, March 2003, p. 43). Prepared and argued before the Supreme Court the case of Eli Lilly and Co. v. Medtronic, Inc., 496 U.S. 661, 15 U.S.P.Q.2d 1121 (U.S. 1990) involving patent protection for medical devices. Accolades: Judges, arbitrators, mediators and clients have commented as follows on his trial skills: "I have sat through an unbelievable number of trials not quite so many arbitrations and the level of professionalism and the advocacy in this case has been exceptional in my judgment." (Over $166,000,000 award for Mr. Malloy’s client) (Senior Arbitrator) "It’s not often that jurors get to see the very talented internationally-known lawyers you have had the chance to witness in this trial." (Jury verdict for Mr. Malloy’s client) (District Court) "Your presentation at the mediation was first rate. You are a very clear communicator." (Mediator) "My personal congratulations to you and the rest of your team for the outstanding results...." (CEO) "I am hard pressed to extend enough positive comments on the performance of the team...." (General Counsel) "The best patent trial lawyer I’ve ever known." (General Counsel) "Our settlement was premised on a lot of fine lawyering by you and your team." (General Counsel) "GREAT JOB. One of the best prepared presentations that I have ever seen." (Assistant General Counsel) "Wow--what can I say, outstanding all around. It would be an understatement to say that these results are exceptional." (General Counsel) "They're very good advocates."(Opposing Counsel) "Oh, they are good." (The Court) Publications, Lectures and Honors: He is widely published in the field of intellectual property law and has authored articles on such diverse subjects as cost control of patent litigation, damages, claim interpretation, the function and aesthetics of courtroom design, and improvements in arbitration procedures in such journals as the Practice Law Institute Course Handbook on Patent Litigation, New York Bar Journal, Intellectual Property Today, and Metropolitan Corporate Counsel. He has lectured to local and national bar associations and organizations, including the Federal Circuit Bar Association, on trial techniques for jury trials in patent cases. Recently, he was appointed to the Editorial Advisory Board for MX Magazine and lectured and authored papers at the Sedona Conference on Intellectual Property. He conducted, in concert with The John Marshall Law School, the National Symposium on Patent Protection for Medical Devices. At the PricewaterhouseCoopers Intellectual Property Leadership Forum for 2000, he presented a talk on "Moving The Odds In Your Favor." At the COMDEX convention in Las Vegas, he presented a talk on Intellectual Property Valuation. He lectured on recent trends in Supreme Court decisions on IP law at the PricewaterhouseCoopers Leadership Forum on IP in February 2003. He has been elected to the National Register of Who’s Who, and Strathmore’s Who’s Who. Mr. Malloy was named "one of Illinois 100 SUPER LAWYERS in any category" and he was also chosen as a Member of The Top Lawyers - Leading Lawyers Network and was featured in both the 2003 and 2005 editions of Euromoney Legal Media Group's "Guide to the World's Leading Patent Law Experts." Mr. Malloy was "Selected for Best Lawyers in America" for 2007 and was "highly recommended" in the PLC WhichLawyer Handbook, 2008, p. 1270. Mr. Malloy was most recently named as one of only 7 "BAND 1" IP lawyers in Illinois and characterized as a "great speaker and terrific trial lawyer" as well as a "top presence in court." Independent survey of US attorneys, Chambers USA America's Leading Lawyers for Business, 2008, p. 1004. He also serves as a Master in the Richard Linn American Inn of Court and is now on the Board of Advisors for Best Lawyers. Publications Solving Hobson's Choice: Suggested Changes To Willfulness Law In The Wake of Knorr-Bremse And EchoStar View File MX Magazine - September 2006 View File Supreme Court Predictions - IPO 2006 Annual Meeting View File Intellectual Property Today, March 2003 View File A Modified Jury Trial Schedule: A Win-Win-Win Situation View File Intellectual Property Disputes and Arbitration View File An Alternative for Righting the Wrongs of an Arbitration Panel in IP Disputes View File Organization, Vendor Support, and Cost Control View File Back to Top